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NY Traffic Defense Articles and FAQs


Benefits of Hiring a Traffic Lawyer

 

Protecting your Driving License from Points

New York uses a point system to keep track of your driving.  Convictions will cause you to pick up points. Get too many points, 11 points in any 18 month period, and the NY DMV will suspend your license.  Eleven points are not that difficult to accumulate for the lead footed among us.  For example, a ticket for speeding 86 in a 65 mph zone is 6 points.  

Car insurance companies also keep tabs on their insured drivers and tickets will mean increased premiums and even dropped coverage.  Parents with careless drivers for children on their insurance policies get into trouble here.

 

Preventing Suspension and Revocation

While driving is a privilege, it is also a necessity; yet many people forget about or ignore tickets.  This is a great way to get suspended. Once suspended, and many people have no idea that they are, a traffic stop for any reason will turn into a misdemeanor AUO  charge.  An AUO charge means court appearances and a conviction will incur relativity heavy fines.

When you hire us, we are responsible for you. The court will deal directly with us so you won't miss anything. This is what we do, and we do it well, so you can concentrate on what you do without worrying. 

 

Avoiding the Expense of Annual DMV Fines

New York has enacted a Driver Responsibility Assessment law.  This law directs the DMV to assess fines separate from the court and over a period of years.  For example, let's say you plead guilty to a speeding ticket for 86 mph on the New York Thruway.  After sending in the ticket the court would send a notice that you owed a fine of between $90-$300 and a surcharge of $85. 

Once the Court reported the conviction to the DMV, the DMV would record 6 points on your license.  The DMV would also make a Driver Responsibility Assessment and send you a bill for $100 each year for 3 years. Miss one of these payment and the your license will be suspended and your next traffic stop will include a misdemeanor AUO.  People move, forget to change their address with the DMV, and missing the payment happens and there is no warning. Read more about that in "How 1 Guilty Plea and 2 Stops results in Criminal Charges and Fines for Years."

 

  Eliminate Confusion and Anxiety from Your Encounter With the Legal System

Most of the people that call us for a traffic ticket are good hard working people who have gotten their first ticket and have no experience with courts.  And, for many, this causes anxiety and confusion. 

The first thing we do with new clients is create an atmosphere of clarity and certainty. We explain everything and answer all questions.  The call typically ends with: "Don't worry, we'll take good care of you."

It's our job to make sure everything goes smoothly.  You can just relax, go about your normal business, and respond when we call, email, or send a letter.

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Yes, there is a procedure to withdraw a guilty plea; it is called a motion for a “writ of coram nobis.” A coram nobis is a formal motion, in writing, requesting that the court set aside the guilty plea and reopen the case.

If you pleaded guilty to a traffic ticket and now wish that you had instead hired a lawyer to represent you, please call to discuss this option.
 


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For you, it is just hiring us by paying the legal fee, sending the ticket, and then paying any fine imposed by the court. For most traffic tickets, your appearance in court is not required.  Here is an outline of the process so you know what to expect.

 


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Your First Ticket Ever

You are late for an important meeting and decide that getting there faster is worth the risk of getting your first ticket. You hit the gas and the speedometer soon reads "76 mph." You are driving in a 55 mph zone and flashing lights have just appeared behind you.

The officer writes you a speeding ticket for 76 mph in a 55 mph zone. At this point, you can, plead guilty by mail, try to defend yourself, or hire a lawyer to represent you. The process of representing yourself seems confusing and complicated and you think hiring a lawyer would be too expensive. Because it is your first ticket ever, you decide to just plead guilty and send in the ticket. After all, you figure that it's just a speeding ticket. 


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Defend Yourself Instead. 

After I explained to a new client the way the fines, points, and other consequences accumulate, she thought that I should make "Don't Just Plead Guilty by Mail" the tagline of my website.  Others have reacted with sentiments like, "I wish I had I called you earlier."

This is an important topic that affects all drivers so I encourage you to read on- if you would like the information personally, I invite your call.

Have you already pleaded guilty?


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No. In Onondaga County and most other counties in Upstate and Central New York, we will appear from you. You will not have to go to court at all.  We can handle most all traffic infractions by mail, email, and fax.


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